Jass Kaur Bindra
Varanasi Civil Court has clearly clarified that archaeological survey of India is allowed to do its survey at the disputed land and the Uttar Pradesh government will have to bear all the cost of survey.
The reason behind encouragement of survey by archaeological survey of India is to find out that “Whether there was a superimposition alteration aur additional or structural overlapping with/or any other religious structure.”
Advocate Vijay Shankar Rastogi, filed the petition in regards to the survey which is to be taken by archaeological survey.
Advocate filed this plea on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar.
The contention of the cases is that, whether this land belongs to the Hindus and are they allowed to deconstruct the entire structure and rebuild their Hindu temple.
Basically the similar plea was filed by advocate Shankar Rastogi.
The advocate demanded the honorable Varanasi Civil Court clearly state that the land belongs to Hindus and hence they should be allowed to rebuild their temple there.
The dispute is that it is believed that after the demolition of Kashi Vishwanath temple Gyanpavi mosque was built on it.
There was a suit filed in the year 1991 which was filed by the Temple’s Trust in the Varanasi district court.
The suit stated “The temple was destroyed by mughal emperor Aurangzeb in 1664 and the mosque was built using the remains of the temple. the stated that Hindu community clinics that mosque which is situated adjacent to Kashi Vishwanath temple was built after demolishing a portion of the said temple.”
Injunction was demanded in the current petition before the Varanasi Civil Court. The injunction was required so that Muslims do not interfere in the religious ceremonies of Hindus at that religious place.
The petition was opposed from the other side by Gyanvapi mosque management committee, Anjuman Intazamia Masazid.
While dealing with the case honorable Varanasi Civil Court gave numerous points which were to be kept in mind in relation to the case which are as follows-
“The director General of archaeological survey of India will be having a comprehensive physical survey of the entire site.”
The formation of a committee will be done and the basic purpose of the formation would be to ensure that whether there is a formation of a new structure by replacing the other which is to be traced from the historical facts and survey.
Supposing that there was existence of any structure before the current structure then what could be the time when the structure existed moreover the area which was covered by that structure was to be determined.
The committee which is to be formed for the purpose of serving the temple would comprise of 5 members who have the expertise in the field of archaeology.
The 5 members will be selected by the director General of archaeological survey of India.
The archaeological survey of India including the committee of 5 members will be having freedom to enter every part of the temple or the mosque that is structure which is currently there and they will be freely allowed to server that area without any restrictions.